Cymraeg isod
As part of the ongoing Independent Office for Police Conduct (IOPC) investigation into police contact with Mohamud Mohamed Hassan prior to his death, notices of investigation have recently been served on three further South Wales Police officers and one custody detention officer. In addition, the police officer previously served has received an updated misconduct notice.
Three of the notices relate to when Mr Hassan was in custody at Cardiff Bay police station, and two concern the actions of officers who attended the Newport Road address on the evening of Mr Hassan’s arrest.
In terms of Mr Hassan’s period in custody, we have served:
- a notice at gross misconduct level on a police officer that they may have breached police professional standards of duties and responsibilities, and honesty and integrity. We are examining the adequacy of welfare checks carried out and whether these were in line with required standards, and entries the officer made on the custody record;
- a notice at misconduct level on a police officer concerning their use of force while escorting Mr Hassan shortly after he arrived at the custody suite; we are examining whether the use of force was necessary, proportionate and reasonable in the circumstances;
- a notice at misconduct level on a custody detention officer that they may have breached police professional standards of duties and responsibilities concerning the adequacy of welfare checks carried out, and whether these were in line with required standards.
In terms of the evening of Mr Hassan’s arrest for alleged breach of the peace, we have served notices at misconduct level on two police officers concerning their decision-making on use of force on Mr Hassan when at the property. We are considering whether the use of force was necessary and proportionate in the circumstances.
Service of a misconduct notice does not necessarily mean an officer has committed any wrongdoing. It is to notify an officer that their conduct is being investigated. The most serious sanction that can be imposed if an officer is subsequently found to have breached professional standards at gross misconduct level is dismissal, and at misconduct level is a written warning.
Our independent investigation into the circumstances of Mr Hassan’s tragic death on Saturday 9 January is progressing.
IOPC Director for Wales, Catrin Evans, said: “In the course of an investigation, where an indication arises that an officer may have breached professional standards that may warrant a disciplinary sanction, we serve a disciplinary notice to advise them they are subject to investigation. We have updated Mr Hassan’s family and South Wales Police about the further misconduct notices. We keep misconduct notices under review during the course of an investigation. At the conclusion the IOPC decides whether any officer under notice has a disciplinary case to answer. As I have urged before, an investigation like this does take time and we would ask people to be patient while the investigation runs its course.”
**Update on 29 April – We have now served a notice at the level of misconduct on a custody sergeant who was on duty during Mr Hassan’s detention. This notice relates to the quality of the risk assessment undertaken on Mr Hassan when in custody. Notices have previously been served on four other police officers and one custody detention officer as part of our ongoing investigation. One of the notices for a police officer is at gross misconduct level, the remainder are at misconduct level. Service of a misconduct notice does not necessarily mean an officer has committed any wrongdoing. It is to notify an officer that their conduct is being investigated.
Diweddariad ar ymchwiliad i farwolaeth Mohamud Mohamed Hassan – hysbysiadau camymddwyn ychwanegol wedi cael eu cyflwyno
Fel rhan o ymchwiliad parhaus Swyddfa Annibynnol Ymddygiad yr Heddlu (IOPC) i gyswllt yr heddlu â Mohamud Mohamed Hassan cyn ei farwolaeth, mae hysbysiadau ymchwilio wedi cael eu cyflwyno’n ddiweddar i dri swyddog arall o Heddlu De Cymru ac un swyddog canolfan cadw'r carchar. Yn ogystal, mae'r swyddog heddlu y cyflwynwyd iddo'n flaenorol wedi derbyn hysbysiad camymddwyn wedi'i ddiweddaru.
Mae tri o'r hysbysiadau yn ymwneud â'r adeg pan oedd Mr Hassan yn y ddalfa yng ngorsaf heddlu Bae Caerdydd, ac mae dau yn ymwneud â gweithredoedd swyddogion a aeth i gyfeiriad Heol Casnewydd ar y noson cafodd Mr Hassan ei arestio.
O ran cyfnod Mr Hassan yn y carchar, rydym wedi darparu:
- hysbysiad ar lefel camymddwyn difrifol ar swyddog heddlu y gall fod wedi torri safonau proffesiynol yr heddlu o ddyletswyddau a chyfrifoldebau, ac onestrwydd a chywirdeb. Rydym yn archwilio digonolrwydd y gwiriadau lles a gynhaliwyd ac os oedd y rhain yn unol â'r safonau gofynnol, a chofnodion a wnaed gan y swyddog ar gofnod y ddalfa;
- hysbysiad ar lefel camymddwyn ar swyddog heddlu ynglŷn â'i ddefnydd o rym tra'n hebrwng Mr Hassan yn fuan ar ôl iddo gyrraedd ystafell y ddalfa; rydym yn archwilio a oedd y defnydd o rym yn angenrheidiol, cymesur a rhesymol yn yr amgylchiadau;
- hysbysiad ar lefel camymddwyn ar swyddog cadw'n y ddalfa y gall fod wedi torri safonau heddlu proffesiynol o ddyletswyddau a chyfrifoldebau ynglŷn a digonolrwydd gwiradau lles a gyflawnwyd, ac a oedd y rhain yn unol â safonau gofynnol.
O ran noson arestiad Mr Hassan am doriad honedig o'r heddwch, rydym wedi cyflwyno hysbysiadau ar lefel camymddwyn ar ddau swyddog heddlu ynglŷn â'u penderfyniadau ar ddefnydd o rym ar Mr Hassan pan oeddent yn y tŷ. Rydym yn ystyried os oedd y defnydd o rym yn angenrheidiol ac yn gymesur o dan yr amgylchiadau.
Nid yw cyflwyno hysbysiad o gamymddwyn yn golygu o reidrwydd bod swyddog wedi cyflawni unrhyw gamwedd. Ei ddiben yw hysbysu swyddog bod ei ymddygiad yn cael ei ymchwilio. Y gosb fwyaf difrifol y gellir ei rhoi os canfyddir wedyn bod swyddog wedi torri safonau proffesiynol ar lefel camymddwyn difrifol yw diswyddo, ac ar lefel camymddwyn yw rhybudd ysgrifenedig.
Mae'n hymchwiliad annibynnol i amgyclhiadau marwolaeth drasig Mr Hassan ar ddydd Sadwrn 9 Ionawr yn mynd rhagddo.
Dywedodd Cyfarwyddwr yr IOPC i Gymru, Catrin Evans: “Yn ystod ymchwiliad, lle mae arwydd yn codi y gallai swyddog fod wedi torri safonau proffesiynol a allai warantu cosb ddisgyblu, rydym yn cyflwyno hysbysiad disgyblu i’w hysbysu eu bod yn destun ymchwiliad. Rydym wedi diweddaru teulu Mr Hassan a Heddlu De Cymru am yr hysbysiadau camymddwyn ychwanegol. Rydym yn cadw hysbysiadau camymddwyn o dan adolygiad yn ystod cwrs ymchwiliad. Ar y casgliad mae’r IOPC yn penderfynu os oes gan unrhyw swyddog sydd dan rybudd achos disgyblu i’w ateb. Fel rwyf wedi annog o'r blaen, mae ymchwiliad fel hwn yn cymryd amser a byddem yn gofyn i bobl fod yn amyneddgar tra bod yr ymchwiliad yn rhedeg ei gwrs.”
**Diweddariad ar 29 Ebrill – Rydym bellach wedi cyflwyno hysbysiad ar lefel camymddwyn i sarsiant y ddalfa a oedd ar ddyletswydd yn ystod cyfnod cadw Mr Hassan. Mae'r hysbysiad hwn yn ymwneud ag ansawdd yr asesiad risg a gynhaliwyd ar Mr Hassan pan oedd yn y ddalfa. Cyflwynwyd hysbysiadau'n flaenorol ar bedwar swyddog arall o'r heddlu ac un swyddog cadw'n y ddalfa fel rhan o'n hymchwiliad parhaus. Mae un o'r hysbysiadau ar gyfer swyddog o'r heddlu ar lefel camymddwyn difrifol, mae'r gweddill ar lefel camymddwyn. Nid yw cyflwyno hysbysiad camymddwyn yn golygu o reidrwydd bod swyddog wedi cyflawni unrhyw gamwedd. Ei ddiben yw hysbysu swyddog bod ei ymddygiad yn cael ei ymchwilio.
An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Quarter 1 covers 1 April - 30 June
Quarter 2 covers 1 April - 30 September
Quarter 3 covers 1 April - 31 December
Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
